G.R. NO. 151333 - SPOUSES NATALIO AND FELICIDAD SALONGA, VS. SPOUSES MANUEL AND NENITA CONCEPCION AND FLORENCIA REALTY CORPORATION.

Ruling

WHEREFORE, it is respectfully prayed that after due hearing, judgment be rendered in accordance with the several causes of action hereof; Declaring the Deed[s] of Absolute Sales, ( sic ), (Annexes "I" and "J") dated August 31, 1993 and October 18, 1993, respectively as a simulated contracts and therefore VOID AB INITIO; Ordering the Register of Deeds of Dagupan City to cancel TCT Nos. 60533, 60534, 60695, 60694, 60624 in the name of the defendants and TCT Nos. 60530, 60531 and 60532 in the name of Florencia Realty Corporation, Inc., and to restore TCT Nos. 40886, 40887, 43547, 20506, 35156, 49460, 49459 and 53650 in the name of the plaintiffs Spouses Natalio Salonga and Felicidad Salonga; Ordering defendants spouses Manuel Concepcion and Nenita Viado to pay plaintiffs the sum of P500,000.00 as damages authorized to be awarded under Article 19 of the same code; Ordering defendants Spouses Manuel Concepcion and Nenita Viado to pay plaintiffs the sum of P2,000,000.00 for moral damages; the sum of P100,000.00 for exemplary damages; Ordering defendants Spouses Manuel Concepcion and Nenita Viado to pay plaintiffs the sum of P100,000.00 as and for attorney's fees plus the sum of P1,000.00 as per Court appearance fee; the sum of P100,000.00 for litigation expenses. PLAINTIFFS further pray for such other reliefs just and equitable in the premises. [24] In their answer to the complaint, the spouses Concepcion admitted that they gave loans to the spouses Salonga in the total amount of P3,131,154.54 which they remitted to the DBP, the PNB and Associated Bank for the plaintiffs' account, with the assurance that they would sell the property within three months; from the proceeds of the sale, their loans and the interest thereof at 3% per month and a commission of 5% of the purchase price of the property would be paid. They further alleged that despite extensions granted to them, the plaintiffs failed to pay their loans, and offered, instead, to sell their property for the price equivalent to the spouses Concepcion's remittances to the creditors-banks, plus an additional amount; the lots covered by TCT Nos. 53650 and 26506 were not part of the said sale; the spouses Salonga requested for more time to sell the remaining two lots. The spouses Concepcion further alleged that they agreed to spouses Salonga's offer, and the latter executed a deed of absolute sale on August 31, 1993 covering the lots described in TCT Nos. 43547, 40886, 40887, 35156 and 49459; when the plaintiffs failed to sell the lots covered by TCT Nos. 53650 and 26506, they executed a deed of absolute sale over the said lots on October 18, 1993 and received the additional purchase price of P1,500.000.00 from the defendants; the plaintiffs promised to vacate their house in April 1994, but refused to do so; worse, the plaintiffs filed a complaint against them. Subsequently, the spouses Concepcion as plaintiffs filed an action for ejectment against the spouses Salonga on August 23, 1994 with the Muni